Legal Reasoning (कानुनी तर्क) – Legal Reasoning MCQ

Legal Reasoning (कानुनी तर्क): प्रश्न र उत्तर

सही लागेको विकल्पमा थिच्नुहोस्। सही भए हरियो, गलत भए रातो देखिन्छ; ३ सेकेन्डपछि सही उत्तर र व्याख्या देखिन्छ।

सही: ० / ०

561. Principle: No one shall be a judge in his own cause. Facts: A judge hears and decides a case involving a company in which his wife holds a large number of shares, without disclosing this. Decide.

     कThe decision is valid, because the judge is honest. खThe decision is valid, because the wife is not a party. गThe decision can be challenged on the ground of bias. घThe decision is valid, because the judge applied the law.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

562. Principle: An arrested person must be produced before the adjudicating authority within 24 hours of arrest, excluding the time needed for the journey. Facts: Police arrest A and keep him in custody for three days, without producing him before any court or adjudicating authority. Decide.

     कThe detention is lawful, because police are investigating. खThe detention is lawful for up to one week. गA's detention after 24 hours is unlawful. घThe detention is lawful if A is a suspect in a serious crime.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

563. Principle: No person accused of an offence shall be compelled to be a witness against himself. Facts: During trial, the court orders the accused to answer questions that would prove his guilt, and threatens to punish him if he stays silent. Decide.

     कThe order is valid, because courts must find the truth. खThe order is valid if the offence is serious. गThe accused must answer, because silence proves guilt. घThe order violates the right against self-incrimination.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

564. Principle: No person shall be punished for an act which was not punishable by law when it was done. Facts: In 2020 A did an act that was lawful at the time. In 2023 a new law makes such acts a crime, and A is prosecuted for his 2020 act. Decide.

     कA cannot be punished, because the act was lawful when it was done. खA can be punished, because the act is now a crime. गA can be punished with a lighter sentence. घA can be punished if the new law says so.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

565. Principle: No person shall be prosecuted or punished more than once for the same offence. Facts: A is tried for murder and acquitted by a competent court. A year later the police file a fresh case against A for the same murder. Decide.

     कThe second prosecution is valid if there is new evidence. खThe second prosecution is barred. गThe second prosecution is valid, because murder is serious. घA must prove his innocence again.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

566. Principle: Kidnapping from lawful guardianship is taking a minor out of the keeping of the lawful guardian without the guardian's consent; the minor's own consent is irrelevant. Facts: Without telling her parents, A takes a 14-year-old girl away from her home to another city. The girl says she went willingly. Decide.

     कA is not guilty, because the girl consented. खA has committed kidnapping, because the guardian did not consent. गA is not guilty, because he used no force. घThe girl is guilty of abetment.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

567. Principle: A person is not liable for an act done while intoxicated if the intoxicant was given to him without his knowledge or against his will, and he was therefore incapable of knowing the nature of the act. Facts: Without A's knowledge, B mixes a strong drug into A's tea. Unaware of what he is doing, A breaks C's window. Decide.

     कA is liable, because intoxication is never a defence. खA is liable for half the damage. गA is not liable, because his intoxication was involuntary. घC is liable for keeping a fragile window.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

568. Principle: Nothing is an offence if it is done by a person who, by reason of a mistake of fact and not a mistake of law, in good faith believes himself bound or justified by law in doing it. Facts: A police officer, ordered to arrest X, arrests Z in good faith after making due enquiry, believing Z to be X. Decide.

     कThe officer is guilty of wrongful confinement. खThe officer is guilty of kidnapping. गZ is guilty of resisting arrest. घThe officer has committed no offence.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

569. Principle: An act not intended to cause death or grievous hurt is not an offence because of any harm it causes to an adult who freely consented to suffer the risk of that harm. Facts: A and B, both adults, agree to a friendly wrestling match. Playing fairly, A accidentally injures B's shoulder. Decide.

     कA has committed no offence, because B consented to the risk. खA is guilty of causing hurt. गA is guilty of grievous hurt. घA is guilty, because consent is never a defence.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।

570. Principle: Nothing is an offence which is done by accident, without criminal intention or knowledge, in the doing of a lawful act in a lawful manner with proper care. Facts: A is cutting wood with a hatchet, using proper care. The head of the hatchet suddenly flies off and kills C, who is standing nearby. Decide.

     कA has committed no offence, because the death was an accident. खA is guilty of murder. गA is guilty of culpable homicide. घA is guilty, because he owned the hatchet.
     💬 टिप्पणी / गल्ती रिपोर्ट (०)

     छलफल / प्रश्न उत्तरमा गल्ती छ

     पठाउनुहोस्

     टिप्पणी जाँचपछि मात्र देखिन्छ।